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Judge refuses to block new DHS policy limiting Congress members’ access to ICE facilities

Rep. Kelly Morrison D-Minn., center, Rep. Ilhan Omar, D-Minn., second from the right, and Rep. Angie Craig, D-Minn., far right, at the Bishop Whipple Federal Building, Saturday, Jan. 10, 2026, in Minneapolis. (AP Photo/Adam Gray)
Rep. Kelly Morrison D-Minn., center, Rep. Ilhan Omar, D-Minn., second from the right, and Rep. Angie Craig, D-Minn., far right, at the Bishop Whipple Federal Building, Saturday, Jan. 10, 2026, in Minneapolis. (AP Photo/Adam Gray) Rep. Kelly Morrison D-Minn., center, Rep. Ilhan Omar, D-Minn., second from the right, and Rep. Angie Craig, D-Minn., far right, at the Bishop Whipple Federal Building, Saturday, Jan. 10, 2026, in Minneapolis. (AP Photo/Adam Gray)

WASHINGTON (AP) — A federal judge refused Monday to temporarily block the Trump administration from enforcing a new policy requiring a week’s notice before members of Congress can visit immigration detention facilities.

U.S. District Judge Jia Cobb in Washington, D.C., concluded that the Department of Homeland Security didn’t violate an earlier court order when it reimposed a seven-day notice requirement for congressional oversight visits to Immigration and Customs Enforcement facilities.

Cobb stressed that she wasn’t ruling on whether the new policy passes legal muster. Rather, she said, plaintiffs’ attorneys representing several Democratic members of Congress used the wrong “procedural vehicle” to challenge it. The judge also concluded that the Jan. 8 policy is a new agency action that isn’t subject to her prior order in the plaintiffs’ favor.

Plaintiffs’ lawyers asked Cobb to intervene after three Democratic members of Congress from Minnesota were blocked from visiting an ICE facility near Minneapolis earlier this month — three days after an ICE officer shot and killed U.S. citizen Renee Good in Minneapolis.

Last month, Cobb temporarily blocked an administration oversight visit policy. She ruled Dec. 17 that it is likely illegal for ICE to demand a week’s notice from members of Congress seeking to visit and observe conditions in ICE facilities.